I Used to Do This All The Time...

I Used to Do This All The Time...

Joined: December 3rd, 2005, 3:06 pm

May 23rd, 2012, 2:42 pm #1

http://articles.orlandosentinel.com/201 ... headlights

I still do when the sneaky Bastards set-up in a 25 MPH zone and ticket the driver for 3 MPH over the limit.
Around here they go as far as setting-up an innocuous looking box on the shoulder of the road with a curving downgrade, Impossible not to get ticketed.
Reply
Share

Joined: April 1st, 2009, 3:18 am

May 23rd, 2012, 3:31 pm #2

...around these parts when a person does what the articled individual has done it is obstruction of justice and the person is charged as such. Few cases similar in argument, they failed. Suppose, in the example you provided, that is what happens when a state is vague and is lacking the clear and concise elements.

Jurisdictonal differences again.

Here's one for ya'. Old urban myth, if you will. If an officer is running an investigation, he or she is involved in dealings with a criminal, if the criminal asks the officer if he or she is an officer, is the officer required by law to tell anyone, let alone the criminal, that they are a police officer?

Nope. The example is not ot be confused with entrapment, which is an illegal act and any officer that partakes in it should be pimp smacked.

Often speed traps are challenged by the uninformed in court as "entrapment". It's a funny thing when I had to sit there in court, getting paid, listening to some fool make his or her case and the judge and I smirk at one another. "...but, Your Honor, I was speeding a little. If the officer would have been in plain sight as he is required to be I would have gone much slower and would not have gotten a ticket..."

Not only has the ticket stuck like glue, so does the few hundred dollar court cost. Ouch.

No, we are not required to be in plain sight to ensure you follow the speed.

In short, I can see the young man's argument in the article. Not a sound one, but some truth is there.

"The majority of things in our lives are created by folks no smarter than the rest. Afterall, the world is comprised, and operated by C average people intellctually, academically, and morally. These people are often the great pioneers that set the precedent for what excellence should be."
Reply
Share

Joined: December 11th, 2004, 8:29 pm

May 23rd, 2012, 6:01 pm #3

<p>You have to prove i did it as a warning! Is a radar warning over the CB not the same? Obstruction of justice does not apply if crime has not been commited, your just sitting in your car observing traffic, so no crime is in fact happening!</p><p>Doug S.</p>
Last edited by dsmalln on May 23rd, 2012, 6:05 pm, edited 1 time in total.
Reply
Share

Joined: April 1st, 2009, 3:18 am

May 23rd, 2012, 6:46 pm #4

There needs to be a statute for there to be a law. Florida has not established a statute for such a practice. The case isn't about an amendment issue at all, regardless of what the article says or the individual cited for it claims in his defense. The case boils down to the lack of a written law. Florida has now such law. Therefore, how can anyone be cited for violating a law that doesn't exhist? They cannot.

In my neck of the woods, yes. There is a written article of law on it.

You're right, could lead to the slippery slope. What about CB radios is a good question. The answer is YES. It is an electronic device, and can be used to "obstruct" justice. No device or person is exempt from obstruction though the device itself cannot be cited, obviously. The individual operating the device could be cited. Only a matter of how one acts and how a device is used.

Leads to the larger debate of radar detectors, doesn't it? If they are concealled in my jurisduction, fines are imposed if caught. They must be displayed on the dash between 'glass and dash'.



"The majority of things in our lives are created by folks no smarter than the rest. Afterall, the world is comprised, and operated by C average people intellctually, academically, and morally. These people are often the great pioneers that set the precedent for what excellence should be."
Last edited by Duane30 on May 23rd, 2012, 6:47 pm, edited 1 time in total.
Reply
Share

Joined: December 3rd, 2005, 3:06 pm

May 23rd, 2012, 6:52 pm #5

<p>You have to prove i did it as a warning! Is a radar warning over the CB not the same? Obstruction of justice does not apply if crime has not been commited, your just sitting in your car observing traffic, so no crime is in fact happening!</p><p>Doug S.</p>
To opposing traffic on a four lane highway to alert the drivers of a speed trap ahead. Well, One of those cars was an undercover police car who made a quick U-turn to stop me.
When he approach my car I asked,'Is there a problem officer?' His response was you '$#@^$ Fu%^@ A$$hole' Why are warning people of the speed trap ahead? My response, What Speed Trap? That was my sister ahead of you, I flashed my headlights and waived to her, Is that a crime.
He didn't believe me, Just walked away all pissed off.
Reply
Share

Joined: March 17th, 2006, 3:32 pm

May 23rd, 2012, 7:43 pm #6

Just $25 bucks on ebay

<object width="420" height="315"><param name="movie" value=""></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="420" height="315"></embed></object>

Sick 'em Hoff!!!

Reply
Share

Joined: August 4th, 2010, 4:38 am

May 23rd, 2012, 9:27 pm #7

http://articles.orlandosentinel.com/201 ... headlights

I still do when the sneaky Bastards set-up in a 25 MPH zone and ticket the driver for 3 MPH over the limit.
Around here they go as far as setting-up an innocuous looking box on the shoulder of the road with a curving downgrade, Impossible not to get ticketed.
If the goal of the speed trap is to slow people down then the guy warning them is just helping.

If the goal is to write tickets to make money then warning people is cutting into the revenue.
Reply
Share

Joined: April 1st, 2009, 3:18 am

May 23rd, 2012, 9:30 pm #8

Just $25 bucks on ebay

<object width="420" height="315"><param name="movie" value=""></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="420" height="315"></embed></object>

Sick 'em Hoff!!!
...jurisdiction even allows unauthrized video and audio recordings. If not, not only has a law been broken but any of the evidence contained on the device is not admissible as evidence. Although, it is has been established in LE use, i.e. dash cams, which, if you have some ill interaction with an LEO, request the dash cam be reviewed or used against them.

This sort of thing has happened.

"The majority of things in our lives are created by folks no smarter than the rest. Afterall, the world is comprised, and operated by C average people intellctually, academically, and morally. These people are often the great pioneers that set the precedent for what excellence should be."
Reply
Share

Joined: November 5th, 2010, 6:04 pm

May 23rd, 2012, 9:47 pm #9

If the goal of the speed trap is to slow people down then the guy warning them is just helping.

If the goal is to write tickets to make money then warning people is cutting into the revenue.
if I got pulled over by a cop and was concerned about getting a DUI, what happens if when he gets to the car the key is out of the ignition, windows all rolled up and I start drinking out of a bottle in front of him, later I roll down the window, what is going to happen to me? I am not driving or attempting to drive, there is no way to know if I was drunk before being pulled over or after just drinking in the car. Let me be clear here I am not a drinker or drunk and have never received any type of DUI or DWI much less a ticket in the last ten years, its just something that was presented to me a while back and reading above made me think of it.

Fritz
Reply
Share

Joined: February 11th, 2002, 6:01 pm

May 23rd, 2012, 10:15 pm #10

you were observed doing something wromg-enough tog et pulled over. You were operating a motor vehicle. You will get arrested.

dr_subsonic's pneumatic research lab

the Lunatic Fringe of American Airgunning
Southwest Montana's headquarters for Airgunning Supremacy
Proud Sponsor of team_subsonic
Reply
Share